This appeal under section 84 (3) of the Madras Hindu Religious Endowments Act (II of 1927) arises under the following circumstances. The appellant before us, M.A. Ramaswami Thevar, claiming to be a legatee under a will executed by one Paragnana Desika Swamiar applied to the lower Court under section 84 (2) of the said Act to declare that he is the hereditary trustee of two temples and a mutt in Thennangudi village, Tanjore district. The learned District Judge of West Tanjore, after elaborate discussion of the evidence let in, came to the conclusion that the appellant has no such right and dismissed his application. Hence this appeal.

One Paragnana Desika Swamiar, an ascetic belonging to the Saivite sect,, founded two temples, one for Sri Baladandayuthapani and another for Vinayaka. There was also a mutt in which he was living and looking after the worship in the temples. For the purpose of defraying the expenses for neivedyam, deeparadhana and other ceremonies not only Paragnana Desika Swamiar endowed properties but he obtained several items of properties from pious and religious-minded Hindus, belonging to the same persuasion and thereby augmented the properties b